This chapter is adopted in accordance with the authority granted to
municipalities to regulate subdivision and land development by the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended (53 P.S. § 10101
et seq.).

Protecting and promoting the public welfare by preventing
excess erosion, hazardous rock and soil slippage, sediment production and
other soil and water management problems, and by regulating and controlling
the design, construction, quality of materials, use, location and maintenance
of grading, excavation and fill.

Activities, facilities, designs, measures or procedures used to manage
stormwater impacts from regulated earth disturbance activities, to meet state
water quality requirements, to promote groundwater recharge and to otherwise
meet the purposes of this chapter.

A construction or other human activity which disturbs the surface
of the land, including, but not limited to, clearing and grubbing, grading,
excavations, embankments, road maintenance, building construction and moving,
disposing, stockpiling or storing of rock or earth materials.

Any act by which earth, sand, gravel, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed
and includes the conditions resulting therefrom.

A danger or potential danger to life, limb or health, or an adverse
effect or potential adverse effect of the safety, use or stability of property,
waterways, public ways, structures, utilities and storm sewers, including
stream pollution.

A body of water flowing in a channel or bed composed primarily of
substrates associated with flowing water, which during periods of the year
is below the local water table and obtains its flow from both surface runoff
and groundwater discharges.

A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenants.

The division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by means of,
or for the purpose of, streets, common areas, leaseholds, condominiums, building
groups or other features.

A body of water flowing in a channel or bed composed of substrates
associated with flowing waters and is capable, in the absence of pollution
or other man-made disturbances, of supporting a benthic macroinvertabrate
community which is composed of two or more recognizable taxonomic groups of
organisms which are large enough to be seen by the unaided eye and can be
retained by the United States Standard No. 30 sieve (28 meshes per inch, 0.595
mm openings) and live at least part of their life cycles within or upon available
substrates in a body of water or water transport system.

An individual, partnership, public or private association or corporation,
or a governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.

The fluctuating upper water level surface of an unconfined or confined
aquifer, where the hydrostatic pressure is equal to the ambient atmospheric
pressure. The term does not include the perched water table or seasonal high
water table.

A structure composed of concrete, steel or other approved building
material, excluding timber, constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of the standards set forth in this chapter and which is more than four feet
in height as measured on the vertical surface of the wall.

The highest elevation of a saturated condition in the soil profile
during certain periods of the year. The condition can be caused by a slowly
permeable layer with the soil profile and is commonly indicated by the presence
of soil fluctuation of the regional groundwater table.

Solid material, both mineral and organic, that is in suspension,
is being transported or has been removed from its site of origin by air, water,
gravity or ice and has come to rest on the earth's surface.

Any and all rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs
and other bodies or channels of conveyance of surface water or parts thereof,
whether natural or artificial, within or on the boundaries of this Commonwealth.

Existing, designated or planned sources of water or facilities or systems
for the supply of water for human consumption or for agricultural, commercial,
industrial or other legitimate use, protected by the applicable water supply
provisions of 25 Pa. Code § 93.3.

Areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, including swamps, marshes, bogs and similar areas.

Grading or earth disturbance activities are also regulated
under existing state law and implementing regulations. This chapter shall
operate in coordination with those parallel requirements; the requirements
of this chapter shall be no less restrictive in meeting of this chapter than
state law.

An excavation for a footing, foundation, driveway and
the surrounding area not exceeding 10,000 square feet of a new building site
authorized by a building permit. A grading permit shall not be required for
the temporary stockpiling of material for such excavation on the same site.
A time limit of one year beginning from the issuance of the building permit
shall be allowed for such activity.

No person or landowner shall commence or perform any grading activity,
including those with an approved land development plan, without first having
obtained a grading permit from the administrator on approval of the Engineer
or an executed developer's agreement. A separate grading permit shall be required
for each property to be disturbed and having different owners. One permit
shall be permitted for land developments performing grading activities on
contiguous parcels within the same development.

In order to prevent the denuding of the landscape, wherever
practicable, large trees and other natural features constituting important
physical, esthetic and economic assets to existing or impending suburban development
shall be preserved.

All grading, excavation or fill shall be performed so
that no unnecessary dust or smoke shall be raised in such amounts as to cause
annoyance or discomfort to, or be offensive and objectionable to, the public
or shall cause injury or is a health hazard. The permittee shall comply with
all statutes and regulations of the Commonwealth of Pennsylvania concerning
environmental quality control administered by the Department of Environmental
Protection, including the Clean Streams Law[1] and the Air Pollution Control Act.[2]

No regulated earth disturbance activities within the
Borough shall commence until approval by the Borough and/or the Allegheny
County Conservation District of an erosion and sediment control plan for construction
activities. A copy of the erosion and sediment control plan and any required
permit, as required by DEP regulations, shall be available at the project
site at all times.

The Pennsylvania Department of Environmental Protection
(DEP) requires that a permit be obtained from them for any earth disturbance
activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).

The grading permit application shall be accompanied with
three sets of plans as prepared by a professional engineer or surveyor, licensed
in the Commonwealth of Pennsylvania, showing the following information:

All existing infrastructure with existing easements shall
be shown. If any disturbance is proposed over any public easement, a profile
of the existing and proposed center line of the easement must be submitted
for review.

If any cut or fill is to be done within five feet of
any public storm or sanitary sewer easement, the property owner shall be required
to complete a closed circuit television inspection of the sewer line and submit
a copy of it to the Borough prior to the issuance of the grading permit (if
required by Borough Engineer).

The E & S plan shall include notation that requires
the landowner and/or developer to install topsoil and plant grass as per the
approved plan as soon as rough grading has been completed on the property.

The E & S plan shall include notation that the property
owner retains all responsibility of maintaining all erosion and sedimentation
control structures until the property is stabilized (grass, not weeds, growing
on 90% of the property).

Where, owing to special circumstances and conditions, compliance with the provisions of Subsection B(2) would result in unnecessary hardship, the administrator may make such special reasonable exceptions thereto, upon recommendation from the Engineer, as will not be contrary to the public interest, and may impose such conditions as it deems necessary to adequately protect the public interest.

Whenever the Borough Council, upon the recommendation of its administrator or Engineer, determines that any existing excavation, embankment or fill has become a hazard as defined in § 120-4, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the administrator, shall, within the reasonable period specified therein, apply for a grading permit that specifies the repair, reconstruction or removal of such excavation, embankment or fill so as to eliminate the hazard.

If, after such notification, the property owner has not
made the necessary repairs within the time adopted, then the Borough Council
may direct government employees or an agent acting on the behalf of the Borough
to make the required repairs and the cost thereof shall be borne by the property
owner by a lien filed as provided by law.

The administrator shall receive all applications and
shall collect all fees as required by this document. All fees shall be determined
at the beginning of each year as per a fee schedule adopted by resolution
by Borough Council.

The administrator shall transmit all applications to
the Borough Engineer, who shall indicate his approval thereon. In the event
of disapproval, the Borough Engineer shall note the reasons therefor, a copy
of which shall be sent the applicant.

Before issuance of any grading permit, the applicant
shall post a bond, with corporate surety or other approved security in the
amount of 50% of the estimated cost of the earth disturbance work to guarantee
the completion of said work, including, but not limited to, slope treatment,
ground cover and drainage contemplated under the permit. Such bond shall be
executed by a corporate surety, as well as by the principal, and shall be
subject to the approval of the Borough Solicitor as to form. The bond shall
be issued to the benefit of the Borough and be conditioned upon the faithful
performance of the work required under the terms and conditions of the grading
permit to the satisfaction of the Borough.

In lieu of a bond, a cash deposit in the amount of 50%
of the estimated cost of the earth disturbance work to guarantee the completion
of said work, including, but not limited to, slope treatment, ground cover
and drainage contemplated under the permit, may be made to the Borough.

In addition, upon the receipt of the application for
a grading permit, the administrator shall require a cash escrow account in
an amount determined by fee schedule adopted by resolution by the Borough
Council. This cash escrow shall cover plan review and inspection charges of
the Borough Engineer. If, during the life of the project, the cash escrow
account is depleted, the permit holder shall be responsible for all additional
costs necessary to cover the Borough Engineer fees until the project has been
completed.

Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within three
months or is not completed within one year from the date of issue; provided
that the administrator, acting upon the recommendation of the Borough Engineer,
may, if the permit holder presents satisfactory evidence that unusual difficulties
have prevented work being started or completed within the specified time limits,
grant a reasonable extension of time; and provided further that the application
for the extension of time is made before the date of expiration of the permit.

Where in the opinion of the Borough Engineer or administrator
the work as proposed by the applicant is likely to endanger any property or
person or any street or alley or create hazardous conditions, the Borough
shall deny the grading permit. In determining whether the proposed work is
likely to endanger property or streets or alleys or create hazardous conditions,
the Borough Engineer shall give due consideration to possible saturation by
rains, earth movements, runoff surface waters and subsurface conditions such
as the stratification and faulting of rock, aquifers, springs and the nature
and type of the soil or rock as well as all applicable state and federal laws
regarding earth disturbance.

The Council of the Borough shall consider promptly appeals
from the provisions of this chapter or from the determinations of the administrator
within 30 days, at which time the Council shall make determinations of alternate
methods, standards or materials when in its opinion strict compliance with
the provisions of this chapter is unnecessary. Any applicant or permit holder
shall have the right to appeal to any court of competent jurisdiction from
any decision or determination of the Council of the Borough.

The Borough Engineer or administrator shall, as required
by the permit or at the request of the permit holder, make the inspections
hereinafter required and shall either approve that portion of the work which
has been completed or notify the permit holder wherein the same fails to comply
with the provisions of this chapter. Where it is found by inspection that
the conditions are not as stated or shown in the application, the Borough
Engineer or administrator may refuse to approve further work until approval
is obtained for a revised earth disturbance plan, conforming to existing conditions.

Plans for earth disturbance work bearing the stamp of
approval of the Borough shall be maintained at the site during the progress
of the earth disturbance activities and until the work has been approved.

The permit holder shall notify the Borough in order to
obtain inspections in accordance with the following schedule and at least
72 hours before the inspection is to be made. Before calling for any inspection,
the owner shall have the property line stakes set and sufficient grade stakes
set by a registered engineer or surveyor to enable the Borough Engineer to
verify the grading operation.

If at any stage of the work the Borough Engineer or administrator
shall determine by inspection that the nature of the formation is such that
further work as authorized by an existing permit is likely to endanger property
or streets or alleys or create hazardous conditions, the Borough may require
as a condition to allowing the work to be done that such reasonable safety
precautions be taken as the Borough Engineer or administrator considers advisable
to avoid such likelihood of danger. Safety precautions may include, but shall
not be limited to, specifying a flatter exposed slope, construction of additional
drainage facilities, berms, terracing, compaction, shoring, or cribbing.

Landslide-prone soils where slopes are greater than 25%
shall have a slope no greater than three horizontal to one vertical on its
exposed face and shall be safe and stable. A written statement, signed and
sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the grading
plan. Soil survey map symbols are GrE, GqE, and GqF.

Landslide-prone soils where slopes are less then 25%
shall have a slope no greater than two horizontal to one vertical on its exposed
face and shall be safe and stable. A written statement, signed and sealed
by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the earth
disturbance plan. Soil survey map symbols are UaB, UaC, GpB, GpC, GpD, GvB,
GvC, GvD, EvB, EvC and EvD.

Soils which are not, or have a low probability of being,
landslide-prone shall have a slope no greater than 1 1/2 horizontal to
one vertical on its exposed face and shall be safe and stable. A written statement,
signed and sealed by a professional engineer registered in the Commonwealth
of Pennsylvania specializing in geotechnical engineering, shall be submitted
with the earth disturbance plan. All soil survey map symbols except those
listed above denote soils of a low landslide probability.

The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed by a professional
engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical
engineering, stating that the steeper slope will have sufficient stability
and that the risk of creating a hazard will be miniscule, must be submitted
to the administrator.

A retaining wall or other approved support greater than
four feet in height designed by a professional engineer and approved by the
administrator and Borough Engineer is provided to support the surface of excavation.

Before commencing any excavation which will in any way
affect an adjoining property or structures thereon, the person making or causing
the excavation to be made shall notify, in writing, the owners of the adjacent
property or buildings not less than 30 days before such excavation is to be
made that the proposed excavation is to be started. Copies of all such notices
shall be supplied to the administrator. All notices and copies of such notices
shall be sent registered mail.

Landslide-prone soils where slopes are greater than 25%
shall have fill slopes no steeper than four horizontal to one vertical and
shall be safe and stable. A written statement, signed and sealed by a professional
engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical
engineering, shall be submitted with the earth disturbance plan. Soil survey
map symbols are GrE, GqE and GqF.

Landslide-prone soils where slopes are less than 25%
shall have fill slopes no steeper than three horizontal to one vertical and
shall be safe and stable. A written statement, signed and sealed by a professional
engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical
engineering, shall be submitted with the earth disturbance plan. Soil survey
map symbols are UaB, UaC, GpB, GpC, GpD, GvB, GvC, GvD, EvB, EvC and EvD.

Soils which are not, or have a low probability of being,
landslide-prone shall have a slope no greater than two horizontal to one vertical
on its exposed face and shall be safe and stable. A written statement, signed
and sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the earth
disturbance plan. All soil survey map symbols except those listed above denote
soils of a low landslide probability.

The material in which the fill is created is sufficiently
stable after proper compaction to sustain a slope steeper than the slope specified
for recognized soil conditions on the site. A written statement, signed and
sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, stating that the steeper slope will
have a sufficient stability and that risk of creating a hazard will be slight,
must be submitted to the Borough.

A retaining wall or other approved support greater than
four feet in height for the fill slope designed by a professional engineer
registered in the Commonwealth of Pennsylvania specializing in geotechnical
engineering, and approved by the administrator and the Borough Engineer, is
provided to support the fill installed.

Before commencing any excavation which will in any way
affect an adjoining property or structures thereon, the person making the
fill slope shall notify, in writing by registered or certified mail, the owners
of the adjacent property(ies) or building(s) not less than 30 days before
such construction is to be started. Copies of all such notices shall be supplied
to the administrator. All notices and copies of such notices shall be sent
registered mail.

The fill shall be installed in a series of layers, each
not exceeding 12 inches in thickness, and each layer shall be compacted by
passing a sheeps-foot roller or other approved equipment across the layer
in a minimum of four passes as the layer is spread.

For fills higher than 10 feet above the toe of the proposed
slope, there shall be constructed benches at eight-foot intervals measured
vertically from the base of the fill. Said benches shall be six feet in width
and shall have a floor cut to a reverse slope of one vertical to six horizontal.

The Borough Engineer, with the approval of the Borough
Council, may require tests or other information if, in his opinion, the conditions
or materials of fill are such that the additional information is necessary.

Clean soil or earth shall be placed over the top and
exposed surfaces of the fill to a depth sufficient to effectively conceal
all materials used in the fill other than clean soil or earth. If the filling
operation is intermittent, the Engineer may require that the top and exposed
surfaces of the fill be so covered at the completion of each lift.

If a retaining wall is constructed to satisfy a requirement
of this chapter, a building permit, as provided for by other municipal regulations,
shall not be required. The grading permit will apply to the retaining wall,
and the requirements for inspections and performance standards, as stated
herein, will be complied with.

Retaining walls must be constructed in accordance with
sound engineering practice. The plans submitted for approval shall bear the
seal of a professional engineer registered in the Commonwealth of Pennsylvania.

The backfilling of retaining walls and the insertion
of subterranean drainage facilities shall be installed in accordance with
the design engineer's recommendations and plans and provide positive drainage
away from the slope and wall.

A waiver to this requirement may be applied for and granted
by the administrator if it can be satisfactorily demonstrated that such a
variance is necessary to ensure normal use of the property, i.e., for a side-line
driveway.

The requirement of this subsection may also be waived
when the proposed retaining wall is a joint venture between adjacent property
owners and appropriate documents so stating are filed with the application
for the permit.

All drainage provisions shall be of such a design to
carry surface waters to the nearest practical street storm sewer or natural
watercourse, as approved by the Engineer as a safe place to deposit and receive
such waters.

The Borough Engineer shall require such drainage structures
or pipes to be constructed or installed as may be necessary to prevent erosion
and damage and to satisfactorily carry off accumulated surface waters. All
drainage provisions shall be designed to safely convey the twenty-five-year
design storm.

No regulated earth disturbance activities within the
municipality shall commence until approval by the Borough of a plan which
demonstrates compliance with state water quality requirements after construction
is complete. An operation and maintenance postdevelopment stormwater plan
must be submitted to the municipality prior to final approval.

The best management practices (BMPs) must be designed
to protect and maintain existing uses (e.g., drinking water use; cold water
fishery use) and maintain the level
of water quality necessary to protect those uses in all streams, and to protect
and maintain water quality in "special protection" streams, as required by
statewide regulations at 25 Pa. Code Chapter 93 (collectively referred to
herein as "state water quality requirements").

To control postconstruction stormwater impacts from regulated
earth disturbance activities, state water quality requirements can be met
by BMPs, including site design, which provide for replication of preconstruction
stormwater infiltration and runoff conditions, so that postconstruction stormwater
discharges do not degrade the physical, chemical or biological characteristics
of the receiving waters. Stormwater shall be managed such that the rate of
runoff after development shall not exceed the predevelopment conditions.

The owner of any property on which an earth disturbance
activity has been completed shall maintain in good condition and repair the
earth disturbance activity permitted and also all retaining walls, cribbing,
drainage structures, fences, ground cover and any other protective devices
as may be a part of the permit requirements.

If at any time subsequent to the completion of the earth
disturbance activities the cut face or fill slope show signs of deterioration,
erosion or other evidence which might be detrimental to the adjacent properties,
the administrator or Borough Engineer may direct the property owner to take
whatever necessary remedial steps are deemed necessary to restore the grading
area to a safe condition and to do so in a reasonable period of time.

If after such notification the property owner has not
made the necessary repairs within the allotted time, then the Borough Council
may direct Borough employees or contractor to make the required repairs and
the cost thereof shall be borne by the property owner by a lien filed as provided
by law.

The top and/or bottom edge of all cut or fill slopes
shall be at least five feet from the adjacent property lines or street right-of-way
lines in order to permit the normal rounding of the edge without encroaching
on the abutting property or street.

At the top of all cut or fill slopes which are in excess
of 1 1/2 horizontal to one vertical and six or more feet in total height,
a fence not less than four feet in height and of a design meeting the Borough
standards shall be erected.

The owner of the property being graded shall be responsible
to protect and clean up lower properties of silt and debris which have washed
down onto the lower properties as a result of the grading work on the higher
property.

In order to prevent the denuding of the landscape, wherever
practicable, large trees and other natural features constituting important
physical, aesthetic and economic assets to existing or impending development
work shall be preserved.

Neither the issuance of a permit under the provisions of this chapter
nor the compliance with the provisions hereof or with any condition imposed
by the administrator or Borough Engineer hereunder shall relieve any person
from responsibility for damage to persons or property resulting therefrom
or as otherwise imposed by law, nor impose any liability upon the Borough
for damages to persons or property.

Whenever the Borough finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the Borough
may order compliance by written notice to the responsible person as prepared
by the administrator. Such notice may require without limitation:

The creation of any condition or the commission of any
act during construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of others.

No person shall create earth disturbance activities,
including but not limited to the construction, enlargement, alteration, repair
or maintenance of any excavation or fill, or cause the same to be done contrary
to or in violation of any provision of this chapter.

Any person violating any of the provisions of this chapter
shall be liable, upon conviction thereof, before a District Justice or other
proper judicial officer to pay a fine of not more than $500 plus costs for
each offense. In default of payment of said fine(s) and costs, the person
violating said chapter shall serve a term of imprisonment not to exceed 30
days. Whenever such person shall have been notified by the administrator by
service of summons in a prosecution or in any other way that he is committing
such violation of this chapter, each day that he shall continue such violation
after such notification shall constitute a separate offense, punishable by
a like fine or penalty. Such fines or penalties shall be collected as like
fines or penalties are now by law collected.

In case any work is performed by any person in violation of any of the
provisions of this chapter, the proper officer of the Borough, in addition
to other remedies, may institute in the name of the Borough any appropriate
action or proceeding, whether by legal process or otherwise, to prevent such
unlawful work and to restrain or abate such violation.